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CHAP. XXIV.-An Act to provide for the Incorporation of the

Grand Lodge of the Independent Order of Good Templars," and its subordinate Lodges.

[Approved February 16, 1869.]

The People of the State of Nevada, represented in Senate and Assem

bly, do enact as follows :

of law made applicable

ration.

Provisions SECTION 1. All the provisions contained in an Act entitled “An

de Act to incorporate the Grand Lodge of Free and Accepted Masons, to incorpo. the Grand Lodge of the Independent Order of Odd Fellows, and their

subordinate Lodges in this State, approved March 3, 1865, and in the Act amendatory thereof, approved March 11, 1867," are hereby made applicable to the Incorporation of the Grand Lodge of the Independent Order of Good Templars and its subordinate Lodges.

CHAP. XXV.-An Act to amend an Act entitled “An Act to regu

late proceeding in Criminal Cases in the Courts of Justice in the Territory of Nevada,approved November 26, 1861.

[Approved February 20, 1869.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows :

inal actions

how made.

SECTION 1. Section three hundred and six of said Act is hereby

amended so as to read as follows: When crim- Section Three Hundred and Six. A criminal action, prosecuted by

ons indictment, may be removed from the Court in which it is pending, on may be removed. the application of the defendant or State, on the ground that a fair and

impartial trial cannot be had in the county where the indictment is pending.

SEC. 2. Section three hundred and seven is hereby amended so as

to read as follows: Application Section Three Hundred and Seven. The application must be made

in open Court, and in writing, verified by the affidavit of the defendant or District Attorney, and a copy of said affidavit must be served on the adverse party, at least one day before the application is made to the Court; provided, the application may be supported or opposed by other affidavits, or other evidence, or witnesses may be examined in open Court.

Sec. 3. Section three hundred and eight is hereby amended so as

to read as follows: When and Section Three Hundred and Eight. If the Court be satisfied that

her the representation of the party making the application is true, an order

shall be made for the removal of the action to the District Court of a county which is free from the like objection.

When and to what Court order made.

to grant

Sec. 4. Section four hundred and twenty-eight of said Act is hereby amended to read as follows:

[Section Four Hundred and Twenty-eight.] The Court in which a When Court trial is had upon the issue of fact, has power to grant a new trial where has power a verdict has been rendered against the defendant upon his application, new trial. in the following cases only:

FirstWhen the trial has been had in his absence, if the indictment be for felony.

Second-- When the Jury has received any evidence out of Court other than that resulting from a view as provided in Section three hundred and seventy-seven.

ThirdWhen the Jury has separated without leave of the Court, after retiring to deliberate upon their verdict, or been guilty of any misconduct tending to prevent a fair and due consideration of the case.

FourthWhen the verdict has been decided by lot, or by any means other than a fair expression of opinion on the part of all the Jurors.

FifthWhen the Court has misdirected the Jury in a matter of law.

SixthWhen the verdict is contrary to law or evidence. But no more than two new trials shall be granted for this cause alone.

CHAP. XXVI.-An Act to prevent the spread of contagious

diseases.

[Approved February 20, 1869.] The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows :

the spread

eases.

SECTION 1. Any person who shall knowingly have or use about To prevent his premises, or who shall convey, or cause to be conveyed, into any of contaneighborhood, any clothing, bedding, or other substance, used by, or gious disin the taking care of any person afflicted by small-pox or other infectious or contagious disease, or infected thereby, or shall do any other act with intent to, or necessarily tending to the spread of such disease into any neighborhood or locality ; every person so offending shall be deemed guilty of a misdemeanor, and on conviction thereof before any MisdemeanCourt of competent jurisdiction, shall be fined in any sum not more o than five hundred dollars, or imprisoned in the County Jail not exceeding six months, or by both such fine and imprisonment, and the Court trying any such offender, may also include in any judgment rendered, an order to the effect, that the clothing or other property infected, be burned or otherwise destroyed, and shall have power to carry such order into effect.

Sec. 2 Any person guilty of violating the provisions of section one Penalties of this Act, in addition to the penalties herein prescribed, shall be for viola

tion of Act. liable in a civil action, in damages to any and all persons who may from that cause become infected with such contagious disease ; said damages shall be so assessed as to include in addition to other damages, all expenses incurred by reason of such sickness, loss of time, and burial expenses ; and such action may also be maintained by the representative of any deceased person.

CHAP. XXVII.-An Act to Transfer certain Funds.

[Approved February 20, 1869.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

[blocks in formation]

SECTION 1. The Treasurer of the County of Humboldt is authorized and directed to transfer to the School Fund of said county all moneys now in the General Fund, which have been paid in under the provisions of an Act entitled “ An Act concerning the Location and Possession of Mining Claims." Approved February 27, 1866.

CHAP. XXVIII.-An Act prescribing Rules and Regulations for

the execution of the Trust arising under the Act of Congress entitled " An Act for the Relief of the Inhabitants of Cities and Towns upon the Public Lands," approved March 2, 1867.

[Approved February 20, 1869.] The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows.

Corporate SECTION 1. When the corporate authorities of any city or town, or authorities etc., after

the Judge of the District Court for any county or district in this State, entry of in which' any unincorporated town may be situate, shall have entered land occupied as a at the proper land office the land, or any part of the land settled and town site, occupied as the site of such city or town, pursuant to and by virtue of required to convey title. the Act of the Congress of the United States entitled “ An Act for the

Relief of the Inhabitants of Cities and Towns upon the Public Lands," approved March 2, 1867, it shall be the duty of such corporate authorities, or Judge, to dispose of and convey the title to such lands, or to the several blocks, lots, parcels or shares thereof, to the persons here

inafter specified. Title to be Sec. 2. Any such corporate authorities, or Judge, holding the title conveyed to person equi- to any such land in trust, as declared in said Act of Congress, shall, by table title at a good and sufficient deed of conveyance, grant and convey the title to time of entry. each and every block, lot, share, or parcel of the same, to the person or

persons who shall have, possess, or be entitled to the right of possession or occupancy thereof, according to his, her, or their several and respec

tive right or interest in the same, as they existed in law or equity at Rights of the time of the entry of such lands, or to his, her, or their heirs or impaired. assigns; and when any parcel or share of such lands shall be occupied

or possessed by one or more persons claiming the same by grant, lease

or sale, from one or more other persons, the respective right and interDeed to be executed so est of such persons, in relation to each other, in the same, shall not be as to admit changed or impaired by any such conveyance. Every deed of convey. same to record, ance made by such corporate authorities, or Judge, pursuant to the pro

persons not

in thirty

visions of this Act, shall be so executed and acknowledged as to admit the same to be recorded. Sec. 3. Within thirty days after the receipt by them or him of a Notice to be

given with patent for such lands, the corporate authorities, or Judge, entering the in same, shall give public notice thereof by publishing such notice in a days after newspaper printed and published in the county in which such city or patent. town shall be situated, or in case there shall not be any newspaper published in said county, then in some newspaper printed and published at the seat of government of this State. Such notice shall be so published once in each week, for at least ten successive weeks, and shall contain an accurate description of the lands so entered, as the same is stated in the patent. Sec. 4. Each and every person, company of persons, association Claimant

required to or corporation, claiming to be an occupant or occupants, or to have, sign state possess, or be entitled to the right of occupancy or possession of such men

writing lands, or any block, lot, share, or parcel thereof, shall, within one year after the first publication of such notice, in person, or by his, her, their or its duly authorized agent or attorney, sign a statement in writing containing an accurate description of the particular parcel, or parts, in which he, she, they or it claim to have an interest, and the specified right, interest or estate therein, which he, she, they or it claim to be entitled to receive, and deliver the same to, or into, the office of such corporate authorities, or Judge; and all persons failing to sign and de- When de

barred liver such statement within the time specified in this section shall be forever debarred the right of claiming or recovering such lands, or any interest or estate therein, or in any part, parcel or share thereof, in any court of law or equity; provided, that the provisions of this section shall not apply to the property of minors or insane persons.

Sec. 5. Should two or more persons claim adversely the title to When proany lot or lots, or parcels of land within the boundaries of such city or 6

be certified town, the corporate authorities, or Judge, having entered the same, to District

Court. shall, immediately after the time for filing claims has expired, certify and transmit all proceedings and papers, had or being before them or him in the premises, to the District Court of the county in which said lot or lots, or parcels of land are situated. Upon the receipt of the papers, properly certified, and upon payment of court fee and costs, the Clerk of such District Court shall enter the case upon the register of actions, the name of the claimant whose claim was first filed with and by such corporate authorities, or judge, being entered upon such register as plaintiff, and the other claimant or claimants as defendant, and thereafter the cause shall proceed in all respects as in cases originally brought in said Court. The Clerk shall, upon the receipt by Clerk to him of such papers and proceedings, serve upon each claimant, his se agent, or attorney, a written notice that the claim of such claimant is contested, wbich notice shall specify the particular lot, block or parcel 80 contested, and the name of the adverse claimant. Upon the final Conveyance

to be made determination of such contest, the Clerk of the District Court, or Su- u preme Court, as the case may be, shall forthwith certify the decision to

déterminathe corporate authorities, or Judge; and upon the receipt of such de- test. cision, duly certified, the corporate authorities, or Judge, shall, as in other cases, make out, execute and deliver to the party or parties in whose favor the decision is made, a conveyance in fee simple for the lot or lots, or parcels, of land awarded in such decision.

Sec. 6. Any party in such action deeming himself or herself Appeal. aggrieved by the determination or judgment of the District Court, in

ceedings to

serve notice

upon final

tion ot conproportion

lands to be

such cases, may appeal therefrom to the Supreme Court, as in other

cases. Deed to be Sec. 7. After the issuance of the patent for such lands, it shall be made upon payment of the duty of the corporate authorities, or Judge, to whom such patent

home shall issue, to make out, execute and deliver to each person, company, of purchase money and association or corporation who may be legally entitled to the same, a expenses.

deed in fee simple, for such part or parts, lot or lots, of land, on payment of his, her, their or its proper and due proportion of the purchase money for such land, together with his, her, their or its proportion of such sum as may be necessary to pay for streets, alleys, squares, and public grounds, not exceeding fifty cents for each lot, and also such further sums as shall be a reasonable compensation for prepaying, executing and acknowledging such deed, not exceeding the sum of five dollars for the first, and one dollar for each additional lot claimed by the same owner; al:o for prepaying for the stamps required by the laws of Congress and of this State to be attached to such deed ; and also for counsel fee and for moneys expended in the acquisition of the patent, and the administration of the trust, including reasonable charges for time and services employed in such trust, not exceeding the sum of fifty cents for each lot, and the foregoing charges shall be full payment

for all expenses attending the execution of the trust. When

Sec. 8. If all the lots, blocks, shares, or parcels of such land are sold. not legally conveyed to the proper owners before the expiration of one

year after the same shall have been passed upon by the corporate authorities, or Judge, or in case of contest, within thirty days after such contest shall have been finally determined, the same shall be sold to the highest bidder, and the proceeds applied to the erection of public buildings for the benefit of such city or town, after paying their proportion

ate share of the purchase money and other expenses, including expenNotice of ses incurred by publication and sale. Notice of the sale authorized by nublished. this section shall be published as is provided for the notice required by Proviso.

Section Three of this Act; provided, that the provisions of this section shall not apply to the sale of real estate belonging to miners or insane persons, except upon an order of Court authorizing such sale, which order may be made by the Court upon an ex parte application under

oath of the trustee named in this act. Trustees Sec. 9. Any corporate authorities, or Judge, becoming a trustee may discharge trust under said Act of Congress, who shall, prior to the final execution of after going their trust, as provided in this Act, go out of office, shall be, and they out of office

are hereby authorized and empowered to discharge and execute all trusts which they may have assumed, in all respects, in the same manner, and subject to the same duties and requirements as if they had

continued in office When suc. Sec. 10. In case of death, removal from the State, or other discessor may bay ability of the trustee to execute the trust created by said Act of Con

gress, it shall be lawful for the corporate authorities, or Judge of the District in which any such city or town is situated, who may succeed said trustee in office, to assume said trust, and they or he shall be authorized and they are hereby empowered to execute the same, in all respects in the same manner, subject to all the duties and requirements

as provided in this Act. Repeal.

Sec. 11. All Acts heretofore passed in conflict with the provisions of this Act are hereby repealed.

execute trust.

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